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HRM3706 SUMMARISED NOTES
LEV3701 EXAM
PACK
FOR ASSISTANCE CONTACT
, lOMoARcPSD|48680473
MAY / JUNE 2020 EXAMINATION
SECTION 1
Question 1
(a) Documentary evidence is the most common means of presenting evidence.
(b) Criminal law and criminal procedural law form part of the substantive law, whereas the law of
evidence forms part of procedural law.
Answer 1
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
Question 2
(a) In the case of a residuary clause, our courts should determine what the English law was
immediately before South Africa became a Republic in 1961.
(b) During a trial, the court must first consider the competency of a witness, then the admissibility of
evidence and finally the weight or persuasive value of evidence. The “weight” of evidence plays
no part, therefore, when the court considers the admissibility of that evidence.
Answer 2
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
Question 3
(a) Irrelevant evidence is never admissible, but relevant evidence is always admissible.
(b) Section 195 of the Criminal Procedure Act 51 of 1977 is applicable not only to people who are
married when giving evidence is at stake, but also to people who were married when the relevant
crime was committed, even though the marriage has been dissolved in the meantime.
Answer 3
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
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Question 4
(a) Marital privilege belongs to the party who made the specific communication.
(b) The Roman-Dutch law is the common-law source of our substantive law, but the common-law
source of our procedural law is English law.
Answer 4
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
Question 5
When presenting the state’s case on a charge of escaping from prison, the prosecution wants to present
evidence about the accused’s latest previous conviction. Consider the following statements:
(a) The evidence is admissible in terms of section 211 of the Criminal Procedure Act 51 of 1977.
(b) The evidence is expert evidence and therefore inadmissible.
Answer 5
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
Question 6
When presenting the state’s case on a charge of escaping from prison, the prosecution wants to present
evidence about a previous conviction for escaping from prison, in terms of which the accused followed
the same method to escape, as in the case currently before the court.
(a) This evidence may possibly be allowed as similar fact evidence.
(b) This evidence deals with collateral facts and is therefore inadmissible.
Answer 6
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
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Question 7
(a) An unfavourable witness is a witness who intends to prejudice the case of the party who originally
called the witness. When such a witness has been declared to be an unfavourable witness by the
court, that witness may be cross-examined by the party who called the witness.
(b) Children between the ages of 7 and 14 years of age are rebuttably presumed to be able to testify,
while children under 7 years of age are incompetent to testify in court.
Answer 7
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
Question 8
(a) In both criminal and civil cases, the court may call its own witnesses without the consent of the
parties involved.
(b) When fingerprints are used as evidence, an enlargement of the accused’s fingerprint is compared
in court with that of a fingerprint found at the scene of the crime. If seven points of similarity are
found, it usually amounts to proof on a balance of probabilities that the two sets of prints belong
to the same person.
Answer 8
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
Question 9
(a) Oral evidence is presented in the following order: firstly, examination-in-chief, thereafter re-
examination and lastly, cross-examination.
(b) Re-examination is undertaken by the party who called the witness and leading questions are
allowed.
Answer 9
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
messages.downloaded_by
HRM3706 SUMMARISED NOTES
LEV3701 EXAM
PACK
FOR ASSISTANCE CONTACT
, lOMoARcPSD|48680473
MAY / JUNE 2020 EXAMINATION
SECTION 1
Question 1
(a) Documentary evidence is the most common means of presenting evidence.
(b) Criminal law and criminal procedural law form part of the substantive law, whereas the law of
evidence forms part of procedural law.
Answer 1
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
Question 2
(a) In the case of a residuary clause, our courts should determine what the English law was
immediately before South Africa became a Republic in 1961.
(b) During a trial, the court must first consider the competency of a witness, then the admissibility of
evidence and finally the weight or persuasive value of evidence. The “weight” of evidence plays
no part, therefore, when the court considers the admissibility of that evidence.
Answer 2
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
Question 3
(a) Irrelevant evidence is never admissible, but relevant evidence is always admissible.
(b) Section 195 of the Criminal Procedure Act 51 of 1977 is applicable not only to people who are
married when giving evidence is at stake, but also to people who were married when the relevant
crime was committed, even though the marriage has been dissolved in the meantime.
Answer 3
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
messages.downloaded_by
, lOMoARcPSD|48680473
Question 4
(a) Marital privilege belongs to the party who made the specific communication.
(b) The Roman-Dutch law is the common-law source of our substantive law, but the common-law
source of our procedural law is English law.
Answer 4
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
Question 5
When presenting the state’s case on a charge of escaping from prison, the prosecution wants to present
evidence about the accused’s latest previous conviction. Consider the following statements:
(a) The evidence is admissible in terms of section 211 of the Criminal Procedure Act 51 of 1977.
(b) The evidence is expert evidence and therefore inadmissible.
Answer 5
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
Question 6
When presenting the state’s case on a charge of escaping from prison, the prosecution wants to present
evidence about a previous conviction for escaping from prison, in terms of which the accused followed
the same method to escape, as in the case currently before the court.
(a) This evidence may possibly be allowed as similar fact evidence.
(b) This evidence deals with collateral facts and is therefore inadmissible.
Answer 6
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
messages.downloaded_by
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Question 7
(a) An unfavourable witness is a witness who intends to prejudice the case of the party who originally
called the witness. When such a witness has been declared to be an unfavourable witness by the
court, that witness may be cross-examined by the party who called the witness.
(b) Children between the ages of 7 and 14 years of age are rebuttably presumed to be able to testify,
while children under 7 years of age are incompetent to testify in court.
Answer 7
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
Question 8
(a) In both criminal and civil cases, the court may call its own witnesses without the consent of the
parties involved.
(b) When fingerprints are used as evidence, an enlargement of the accused’s fingerprint is compared
in court with that of a fingerprint found at the scene of the crime. If seven points of similarity are
found, it usually amounts to proof on a balance of probabilities that the two sets of prints belong
to the same person.
Answer 8
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
Question 9
(a) Oral evidence is presented in the following order: firstly, examination-in-chief, thereafter re-
examination and lastly, cross-examination.
(b) Re-examination is undertaken by the party who called the witness and leading questions are
allowed.
Answer 9
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Both statements are correct.
(4) None of the statements are correct. (2)
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